DRY v Life Without Barriers [2019] NSWCATAD 179

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DRY v Life Without Barriers [2019] NSWCATAD 179 Hearing dates: 20, 21, 29 March 2019 (Submissions received 26 April 2019) Date of orders: 30 August 2019 Decision date: 30 August 2019 Jurisdiction: Administrative and Equal Opportunity Division Before: C A Mulvey, Senior Member E Hayes, General Member Decision: (1) The decision of the Respondent made on 8 January 2019 to remove from DRY the responsibility for daily care and control of the First Child is affirmed. (2) The decision of the Respondent made on 13 March 2019 to cancel DRY's authorisation as an authorised carer is affirmed. Catchwords: ADMINISTRATIVE LAW – review under section 245 Children and Young Persons (Care and Protection) Act 1998 (NSW) – child protection – care and protection of children – restoration of child to the care of an authorised carer – least intrusive intervention in the life of the child or young person – accumulation of factors amounting to an "unacceptable risk" of harm to children - cancellation of authorisation as an authorised carer. Legislation Cited: Adoption Act 2000 Adoption Information Act 1990 Administrative Decisions Review Act 1997(NSW) Children and Young Persons (Care and Protection) Act 1998 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Children and Young Persons (Care and Protection) Regulation 2012 Community Services (Complaints Reviews and Monitoring) Act 1993 Disability Inclusion Act 2014 Cases Cited: Briginshaw v Briginshaw [1938] HCA 34 Johnson v Page [2007] Fam CA 1235 M v M [1988] HCA 68 Re Benji & Perry (2018) NSWSC 1750 The Department of Community Services v "Rachel Grant", "Tracy Reid", "Sharon Reid and "Frank Reid" [2010] CLN 1 Category: Principal judgment Parties: DRY (Applicant) Life Without Barriers (Respondent) Representation: Solicitors: Applicant (Self Represented) Care Legal (Respondent) File Number(s): 2019/00018649 Publication restriction: Pursuant to s 64(1)(a) of the Civil and Administrative Tribunal Act 2013 the Tribunal restricts disclosure of the name of the applicant, his victims or of evidence given and received in the Tribunal hearing or in relation to the proceedings which is likely to identify those persons.